Report and Recommendations - Scottish Government

Current lawSuspect at Liberty5.3.4 There are circumstances in which the police may have reasonable grounds forsuspicion, but it would not be proportionate, in the terms of the Convention, todeprive the suspect of his/her liberty. In such situations, any questioning thatis carried out, either at or outwith a police station, should be on a voluntarybasis only, albeit that the suspect is entitled to similar rights as a person who isformally detained. The only difference in rights between this suspect and onewho is detained is that he/she can terminate any interview at any point by,depending on the circumstances, leaving the police station or asking the policeto leave if the premises are his/her own. Such, at least, is the theory and, insome instances, the practice.Liberation during Detention5.3.5 In the modern era, there are a number of steps in a police investigation whichcan take a considerable time. It may not be practicable for them to becompleted within the proposed twelve hour maximum period. Yet it may beneither necessary nor proportionate for a suspect to be detained whilst thesesteps are being undertaken. For example, it may take some time to investigatemobile telephone records or to carry out DNA comparisons. Alternatively, inhis/her police interview, a suspect may provide an explanation which meritsfurther enquiry. Although it may have been necessary to arrest a suspect for avariety of reasons, including the preservation of evidence, the immediatepurpose may have been spent. In all of these situations, if the police or the125